We
successfully assisted an applicant to apply for Residence under the 2021 Special Residence category, where the applicant was said to be excluded from New Zealand under section 15 of the Immigration Act 2009.
The reason for exclusion from New Zealand was owing to being banned from getting a visa for Canada due to 'misrepresentation of documents'. Our client told us the reason for the misrepresentation was poor conduct by his (Canadian equivalent) Immigration Adviser.
We researched Canadian law to establish that our client was not completely prohibited from re-entering Canada. This then allowed us to argue that our client was not excluded from New Zealand, with reference to the decision of the New Zealand High Court in Ministry of Business Innovation and Employment v EM [2019] NZHC 1966.
In the alternative, we provided submissions in favour of our client being granted a Special Direction. Such a request involves asking a senior immigration officer to grant an applicant a visa even though they are excluded from New Zealand. This is a highly discretionary decision.
We can help with exclusion issues, whether due to being banned from another country or for some other reason, such as a serious criminal conviction. In a lot of cases, if the circumstances surrounding the exclusion are explained, there can be a credible basis for INZ agreeing to grant a Visa.
We don't win every situation, but where we do achieve positive and life-changing outcomes for people, it is very satisfying.